Background

Background of the assignment:

In October 2019 the Government of the Philippines in cooperation with UNODC and the ADB/GEF-DENR-BMB project “Combating Environmental Organized Wildlife Crime in the Philippines” organized a national consultation in Manila to analyze strengths and weakness of the domestic response to wildlife crime. When exploring the reason why the number of prosecutions of high-profile cases in wildlife trafficking is low, it was suggested that more efforts have to go in the collection of stronger evidence during the investigation phase.

With a view to address this shortcoming, UNODC and the Department of Environment and Natural Resources / Biodiversity Management Bureau have agreed to develop a Rapid Reference Guide for the investigation of wildlife crime.

The Rapid Reference Guide (RRG) is a tool for investigators and prosecutors to locate relevant legislation for wildlife, crimes and ensure that accurate charges are pursued. The RRG provides an easy reference for practitioners to find the key elements required to ensure a case is successful from crime scene to court. The RRG provides practitioners with the relevant sections of wildlife acts and regulations. Each section identifies the key points to prove in court (such as the identity of the accused, date and location, evidence left at the crime scene), any ancillary powers provided to law enforcement, key partner agencies, and evidence to be presented in court. This ensures practitioners can easily locate the sections relevant to their specific investigation or case, that they can locate the proper agencies they may wish to contact, that they are aware of their own powers, and can determine evidence they should pursue to create a strong case file. The RRGs are developed in a cooperative approach spearheaded by the National counterparts to ensure that the tool has the right ownership and is appropriate to the local practices of criminal justice practitioners.

Duties and Responsibilities

Objective of the assignment:

In collaboration with a UNODC international expert, the incumbent will contribute to the development of the Rapid Reference Guide for the investigation of wildlife crime.

Scope of work:

Under the supervision of the Regional Coordinator of the GPWLFC, the incumbent will:

• Identify all pieces of legislations, rules of procedure, administrative policies and regulations that are relevant in the Philippines legal context to investigate and prosecute wildlife crimes 
• Liaise with national authorities – in cooperation with the Department of Environment and Natural Resources / Biodiversity Management Bureau – to identify current practices in the collection of evidence and preparation of criminal cases
• Draft and provide inputs for the design of samples/guidelines for practitioners in drafting an Information, Affidavit-Complaint, Judicial Affidavit, Reply to Demurrer of Evidence, Reply to Motion to Quash,  Plea Bargaining, Formal Offer of Evidence, Memorandum (position paper) and other documents indispensable  in prosecution of wildlife crimes;
• Identify the key applicable provisions of the Rules of Court and Rules of Procedure for Environmental Cases applicable in prosecuting wildlife crimes, to provide sample pleadings to   guide practitioners showing applicability of evidence according to hierarchy and documentary and testimonial evidence relevant to specific crime;
• Identify Standard Operating Procedures (SOP) in prosecuting crimes, best practices for liaison between authorities, the process to follow to secure delegation of prosecutorial power from the Department of Justice;
• Identify best practices to secure solid exhibits and key aspects of expert evidence specific elements for sentencing submissions, current species listings under CITES, and other relevant acts to be considered such as firearms, money laundering, customs and immigration, organized crime, and corruption.
• Participate in national consultations with stakeholders to co-present the draft versions of the RRG and to collect comments, inputs, and insights from participants

Expected Outputs and Deliverables

Institutional Arrangement

1. This work is conducted in cooperation with the Department of Environment and Natural Resources / Biodiversity Management Bureau which remains the primary coordinating agency for this task. Any interaction with other government agencies as part of this assignment should be previously cleared with the DENR/BMB
2. The incumbent will work in close cooperation with an international expert not based in the Philippines. Frequent and regular interaction with the international consultant is key for the development of the RRG in line with previous and similar work conducted by UNODC.
3. It is understood that the incumbent would not hold UNODC responsible for any unforeseen or untoward incident during the duration of the consultancy service. It is recommended that the consultant secure his/her own insurance coverage during the conduct of the consultancy service
4. Under the supervision of the UNODC Regional Coordination of the Global Programme for Combating Wildlife and Forest Crime, the incumbent will report to UNODC the progress of the tasks agreed upon and closely consult with UNODC in carrying out his/her assignment

Duration of the Work

1. 20 working days to be performed over a period of a maximum of four (4) months

Duty Station

1. Work from home. It is expected that the incumbent is equipped with a good internet connection at home. UNODC will not cover additional expenses for internet connectivity
2. National consultations are expected to take place in Manila and the incumbent – if not already based in Manila – will be expected to travel to take part to them. Travel arrangements will be managed by UNODC.
3. Considering the COVID-19 pandemic and declaration of State of Public Health Emergency in the Philippines, all work of the Individual consultant shall be done within the guidelines and protocols set by the local and national government.
4. During the entire duration of the Enhanced Community Quarantine, this consultancy shall be performed remotely and will be a home-based assignment. The Consultant is expected to have his/her own equipment, office space, internet connectivity, and cloud hosting, among others. The Consultant shall NOT ENGAGE in any meetings or activities OUTSIDE THEIR HOMES. Coordination/meetings shall be done through phone or online communication until such time that the quarantine is lifted.
5. UNDP and the Consultant shall assess, once the Enhanced Community Quarantine is lifted, if it is safe and necessary to have in-person meetings and collaboration.
6. NO TRAVEL IS REQUIRED for the IC to complete their abovementioned tasks

Scope of Price Proposal and Payment schedule

The Consultant should send the financial proposal based on a lump-sum amount for the delivery of the outputs identified below. The total amount quoted shall be “all-inclusive” all costs (professional fees, insurance, travel costs within duty station living allowances, communications, etc. If not already based in Manila – will be expected to travel. Travel arrangements will be managed by UNODC) that could possibly be incurred by the Consultant should be factored into the final amount submitted in the proposal. Medical/health insurance must be purchased by the individual at his/her own expense, and upon award of contract, the consultant must be ready to submit proof of insurance valid during the contract duration.

The payment will be made upon receipt and acceptance of 2 documents:

• 25% upon submission of a complete list of legislations and regulations that have been analyzed and reviewed
• 75% upon submission of the final RRG

Competencies

Corporate Competencies

·         Demonstrates integrity by modeling the UN mission, vision, values, and ethical standards

·         Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability

Other Competencies

·         Demonstrates strong analytical skills and mature judgment well-planned and organized;

·         Ability to work in close collaboration with a group of national and international experts, to meet strict deadlines and plan the work according to priorities;

·         Demonstrates the capacity to plan, organize and execute effectively;

·         Ability to establish effective working relations in a multi-cultural team environment;

·         Consistently approaches work with energy and a positive, constructive attitude;

·         Facilitates and encourages open communication in the team and with stakeholders;

·         Excellent written communication and presentation/public speaking skills

Required Skills and Experience

Qualifications of the Successful Individual Contractor

Only those applicants who score a minimum of 70 points from the assessment of the CV or passed the technical evaluation will be qualified for the assessment of the Financial Proposal.

Interested applicants must submit the following documents:

• Proposal: a cover letter with a brief description of why the applicant considers him/herself the most suitable for the assignment:
• Personal CV or UNDP P-11 Form, indicating past experience from similar projects specifying the relevant assignment period, as well as the email and the telephone contacts of at least three (3) professional references
• A financial proposal including a lump sum amount (fees and other incidental costs other than travels to Manila for assignment-specific purposes)
• Medical/health insurance must be purchased by the individual at his/her own expense, and upon award of contract, the consultant must be ready to submit proof of insurance valid during the contract duration.
• At least one (1) non-confidential sample work/s on legal matters (a link of sample work/s may be indicated in the CV if the size of the file is too huge to upload in this site)

Criteria for Selection of the Best Offer

The successful candidate will be selected through a combined scoring method – where the qualifications of the incumbent will be weighted a max. of 70% and combined with the price offer which will be weighted a max of 30%.

Offerors must upload in one (1) file the aforementioned 5 documents. Templates for a) P11 Personal History Form and b)  Offeror's Letter to UNDP Confirming Interest and Availability are available through the link below. UNDP General Terms and Conditions for Individual Contractors  are also available:

http://gofile.me/6xdJm/bE9TCw8fU

Please see the deadline for the submissions above. In view of the volume of applications, UNDP receives, only shortlisted offerors will be notified.